2.1. The maintenance of a category "stability" in the light of Russian and The Tadjik cultural traditions
Stability as the basic idea defining its genesis,
It is caused by the nature. Thus it is necessary to notice, that any idea
At external similarity gets uniqueness in the right various gosu -
darstv.
And this uniqueness is defined by mental constants, the -stvennymi to the state population. Perception of stability (osnovopolagaju -
shchaja idea) it is very closely connected with mentality of a society, as any
The idea is a form of comprehension in thought of the phenomena of an objective reality, the form
Reflexions external мира136. The people of this or that society belonging to
To one culture, have the general intellectual toolkit (mentality). «It
dat it possibility in own way to perceive and realise svo ѐ natural and
Social environment and. Mentality – the most constant, otno -
sjashchajasja to the deepest and dolgovremenno to existing layers of life
Society a part of the information circulating in a society. Mentality peredat -
sja mainly through mechanisms of mass consciousness, provides it is uniform -
stvo spiritual sphere in e ѐ development »137.
To define the maintenance of a category "stability" probably neskolki -
mi methods. Within the limits of the given chapter it will be established, first of all,
Sociological and semantic methods. It is caused by that kate -
gorija "stability" is estimated. Subjects of public relations
Are also subjects of an estimation of stability of the phenomena. Therefore them is
nija should lay down in a basis of definition of the maintenance of stability as categories and
To help to understand better, in chm sense of stability of the right as establishment means
136 Kopnin, P.Ideja//the Philosophical encyclopaedia: in 5 t. / under the editorship of F.V.Konstantinova. –
M: the Soviet encyclopaedia. 1960–1970. URL: http://slovari.yandex.ru/(reference date
14.07.2012).
137 SHevjakov, M.J.Mentalitet: essence and features of functioning: dis. …
kand. filos. Sciences: 09.00.01. – Volgograd, 1994. – With. 13.
76
Stable relations in a society. The purpose of the present section consists in ana -
lize representations of the population of Russia about stability and their further comparison
With the stability maintenance as properties of the legal phenomena, which vkladyva -
etsja in it jurists.
Definition of the maintenance of a category "stability" the sociological
Methods. Stability as vital value occupies one of the cores
Places in a rating of values among the population of Russia. Fund «Public to me -
nie »has established, that for Russians« stability is lovelier than democracy, and bezopas -
nost freedom »are more expensive. From the list of concepts which are most important for dews -
sijan, the concept "stability" was chosen by 24 % of respondents, and democracy –
Only 5 %, safety – 51 %, freedom – only 13%138. In opinion bolshin -
stva respondents (49 %), tested during the All-Russia interrogation,
Studying of public opinion spent by the All-Russia centre, Russia
It could be consolidated under the slogan "stability" 139. Russia requires not in
Fast, cardinal changes in an economic and political life
The countries, and in stability, reforms of evolutionary character, considered 64 %
The interrogated respondents against 29 % in 2007 (at the previous interrogation in
2004 it is a parity constituted 50 % against 39 %) 140.
Comparison pokazate -Pour 2007 and 2004 of the relation of the population of Russia to stability reflects it
The increased value against uneasiness of the population about its absence. On re -
zultatam the interrogation spent on March, 11th, 2012, one of the most disturbing
Factors for Russians absence of stability to Russia, absence is
Confidence of tomorrow (5 from 33 % of respondents). To the same factors
138 Raised importance. What for Russians the most important thing?//Fund «Public to me -
nie »[site]. URL: http://fom.ru/obshchestvo/72 (date of the reference 13.07.2012).
139Всероссийский on March, 6th, 2010 As you believe interrogation, under what slogans now
The Russian society could be consolidated, most likely?//the All-Russia centre of studying
Public opinion [site]. URL: http://wciom.ru/zh/print_q.php? s_
id=662&q_id=47755&date=06.03.2010 (Date of the reference 13.07.2012).
140 Market, democracy, stability: roads which we choose: press release № 678
From 19.04.2007//the All-Russia centre of studying of public opinion [site]. URL:
http://wciom. ru/index.php? id=268&uid=4424 (date of the reference 13.07.2012).
77
Economic problems, «instability in economy» (1от have been carried
33 %). Among other reasons of uneasiness Russians named also what
Generate feeling of instability in a society. For example: low level
Lives, poverty (4 from 33 %); unemployment (2 from 33 %); a rise in prices and tariffs (3 from
33 %): a life heavy, a lot of dissatisfied (2 from 33 %); absence of care about lju -
djah, a social inequality (1 from 33 %); absence of legality, an order, spra -
vedlivosti (1 from 33 %), etc. Much smaller quantity of Russians noticed, that
Uneasiness in Russia among the population has decreased «in connection with stable -
stju »or with stability expectation (1 from 4 % of respondents).141
In Russia the understanding was studied by a society of the term "stability" with -
tsiologom L.A.Pautovoj who carried out researches daily
Representations about stability of the population of the Russian Federation with use various is -
sledovatelskih стратегий142. L.A.Pautovoj's researches are unikal -
nymi, unique in svom a sort. Made in e ѐ works conclusions will be is -
To use as a basis for stability definition as categories.
L.A.Pautova has with deep arguments assumed, that universal for
Social knowledge kontsept (concept) "stability" ("stability") not
Has deeply developed reprezentatsii and the richest tradition in structure
Russian culture (unlike kontsepta "order", "truth", "good", «spra -
vedlivost "," the world »). Kontsept"stability"is not base kontseptom, and
Secondary, derivative of such constants of consciousness, as "order", "chaos",
"Balance", and, is possible also such Old Russian kontseptov, as "harmony", "way",
"Foundations", "world" 143.
The quoted author notices, that during Soviet time stability seldom
Drew special attention, being or something self-evident,
141 All-Russia interrogation on March, 26th, 2012 it is quiet or it is disturbing is to Russians?
Russians about moods in the country and among relatives//Fund of public opinion [site]. URL:
http://fom.ru/obshchestvo/10367 (reference date: 23.02.2013).
142 Pautova, L.A.package approach to research of social representation about
Stability//Sociology. – 2004. – № 19. – with. 32 – 65.
143 In the same place.
78
Or – in rare instances – object of a painful dissident reflexion.
Neutral enough relation to a stability theme in 70-80th sme -
nilos huge popularity in 90th 144.
Investigating associations of the Russian citizens with stability, L.A.pau
tova has come to conclusion, that at representation formation about stability
The especial role is played by a sensual image of stability, confidence in this -
dnjashnem and especially in tomorrow. People see the life stable that
gda when that improves. If it does not improve, it is stagnation. Prichm it is important
Not objective improvement (for example, economic growth or increase
Well-beings of the population), and the subjective perception – became better to live or
Did not become. Thus, in this aspect of representation it is shown carry -
telnyj character smyslopolaganija стабильности145.
The conclusions, formulated the Background - are conformable with L.A.Pautovoj's conclusions
The house "Public opinion" 146 and the All-Russia centre of studying obshche -
stvennogo opinions. The word "stability" caused in 38 % interrogated in 2007
And 49 % в2009 147 positive feelings in anybody did not cause otritsa -
telnogo feelings in 2007 (0 %) and only at 1 % interrogated in 2009 148. And it
The positive feeling is closely connected with sensation of happiness. According to
Results of interrogation by the All-Russia centre of studying of public opinion
The good happy life associates with stability at 35 % responden -
144 Pautova, L.A.stabilisation consciousness: experience of sociological research:
dis. … Dr.s sotsiol. Sciences: 22.00.01. – SPb., 2007. – with. 300 – 301.
145 Pautova, L.A.package approach to research of social representation about
Stability. – with. 32 – 65.
146 Carries out interrogations of full age inhabitants 100 city and rural naseln -
nyh points from 43 subjects of the Russian Federation (only 1500 persons) on a residence of respondents.
147 All-Russia interrogation on March, 18th, 2007 What of concepts cause put - more likely
telnye feelings?//the All-Russia centre of studying of public opinion [site]. URL:
http://wciom.ru/zh/print_q.php? s_id=417&q_id=33490&date=18.03.2007 (reference date
13.07.2012).
148 All-Russia interrogation on March, 18th 2007г. And what concepts cause more likely otritsatel -
nye feelings?//the All-Russia centre of studying of public opinion [site]. URL:
http://wciom.ru/zh/print_q.php? s_id=417&q_id=33491&date=18.03.2007 (reference date
13.07.2012).
79
тов149, and Fund «Public opinion« interrogation has revealed, that 6 % of respondents
Estimate stability, confidence of tomorrow as happiness (this answer
Costs on the fifth place after association of happiness with health, children, semj and
Riches) 150.
The considerable quantity of respondents (41 %) assotsiirujut stabil -
nost a political and economic life with порядком151.
To one of indicators of change of sensation of stability of Russians serves
Estimation of their future life, confidence of tomorrow. By results sotsio -
Logic researches hardly there is more than half of Russians estimate the life
Better the next decade. By results of finding-out public
Opinions Fund «Public opinion« on the average on integrated pokazate -
lju the interrogated Russians consider, that by 2021 the life becomes slightly лучше152.
By results of research of the All-Russia centre of studying public
Opinions the index of social optimism of Russians in January, 2012 has added five
Points (with 53 to 58). It has occurred against growth of a share of the Russians assured, that
In their life will change nothing (with 48 to 51 %), and reductions of group of those who
Expects negative changes (with 18 to 15 %). Current value of an indicator harak -
terno for the similar periods of the last trh years (56–58). For comparison, in
January, 2008 the index of social optimism was on one of maksimal -
149 All-Russia interrogation on September, 20th, 1995 Read this list and
Choose from it words which is better reflect your representation about good,
Happy life//the All-Russia centre of studying of public opinion [site]. URL:
http://wciom.ru/zh/print_q.php? s_id=496&q_id=36466&date = 20.09.1995 (reference date
13.07.2012).
150 «to Live in village, not thinking about the politician». The recipe of a happy life: interrogation of 27.07.2011
//Fund «Public opinion« [site]. URL: http://fom.ru/obshchestvo/10107 (date obrashche -
nija 13.07.2012).
151 All-Russia interrogation on January, 09th, 2010 That such, in your opinion, "order"?//
The All-Russia centre of studying of public opinion [site]. URL: http://wciom.ru/zh/print
_q.php? s_id=637&q_id=46038&date=09.01.2010 (date of the reference 13.07.2012).
152Россия in ten years: the population forecast: interrogation of 10.11.2011//Fund «Public
Opinion »[site]. URL: http://fom.ru/special/sberbank_21/10248 (date of the reference 16.07.2012).
80
nyh marks for vs ѐ time of supervision (64 points) 153.
Confirms L.A.Pautovoj's conclusion that stability is connected with
Life improvement, an estimation Russians of work V.V. Putin on the higher posts,
Revealed on October, 05th, 2012 Noticing, that its merit is the establishment
Stability in the country, respondents specified: «to Russia has come stabil -
nost "," in the country has appeared though any stability "," in the country became more
Easy, there was a stability "and" has achieved stability, confidence in
Tomorrow »154.
In Republic Tajikistan the special complex sociological
Researches concerning understanding the population of this state of the term
"Stability" were not spent. One of hypotheses is that as
The republic Tajikistan was a part of the USSR, to the term "stability" of hundred -
Whether to attach special significance only after disintegration allied государства155.
More often on the Tadjik news portals (in particular, media port -
la "Asia-plus":http://www.news.tj/), the scientific literature it is used,
First of all, with reference to economic and political conditions in
To republic.
The most widespread combination of a word "stability" is with -
chetanie with a word "world". Expression «the world and stability» is possible vosprini -
Mother as a set phrase with reference to various situations.
The war termination promotes stability. The world and stability rassmat -
rivajutsja as a basis for development. This fact speaks that during the period on -
sle disintegration of the USSR to Tajikistan did not manage to be avoided civil war
(1992 – 1997). It inherently was vooruzhnnym interclan inside -
153 Social state of health of Russians: vs ѐ idt on a harmony: press release № 1947 from 07 fev -
ralja 2012//the All-Russia centre of studying of public opinion [site]. URL: http://wciom.
ru/index.php? id=459&uid=112445 (date of the reference 16.07.2012).
V.Putin's 154 Work. As Russians estimate V.Putin's work on the higher posts.//
Fund of public opinion [site]. URL: http://fom.ru/Politika/10650 (reference date
23.02.2013).
155Паутова, L.A.stabilisation consciousness: experience of sociological research:
dis. … Dr.s sotsiol. Sciences: 22.00.01. – With. 300 – 301.
81
The ethnic conflict between supporters of the central power also are various -
mi groupings in the name of the Tadjik opposition. Struggle for
The power has led to easing of economy of the state, life deterioration nase -
lenija. Till now in Tajikistan threat of armed rebellions remains.
Stability of national economy assumes protection of the rights and freedom
Citizens, creation of reliable conditions and guarantees for social activity,
Restraint of the factors, capable to destabilise a situation (struggle with kri -
minalnymi structures in economy, bar of claim by lapse of time of serious ruptures in
Distribution of the incomes, threatening to cause social shocks, etc.).
Acknowledgement to that Tadjiks connect stability, before all
go, with peaceful co-existence and economy, interrogation testifies, provo -
dimyj independent news agency «Asia Plus» in a network inter -
No. According to voted the biggest threat to Tajikistan javlja -
etsja korruptsionnost officials and regionalism (68 %, 875 persons), which
Consists in distribution of posts depending on eminence of a sort and
Which was one of the reasons of civil war 90. The second for the importance
Threat for Tajikistan interrogated named unemployment and returning
Migrants (24 %, 304 voices), that can affect a standard of living of those, koto -
rye live in the country. As threat of stability of Tajikistan 63
Interrogated (5 %) named geopolitics of the great powers and 47 persons - IGIL
(4 %) 156.
In printing editions, in diplomas the term "stability"
Also it is quite often used in common with a word "safety". According to
156 That threatens stability of Tajikistan? [elektronnyjresurs]//MediaGroup /
Tadjikistan «ASIA-Plus» [site].-URL: http://www.news.tj/ru/node/202933/results (date obrashche -
nija 11.05.2015).
82
Result of poll by the main threat of safety That -
dzhikistana the short-sighted internal policy (80 %, 901 voice) 157 is.
Conclusions about understanding the population of Tajikistan of the term "stability"
Proves to be true results of the sociological interrogation spent by the Center
Sociological researches "Mirror" (of Dushanbe, Tajikistan) in May
2015 by request of the author of the given research (the Appendix 1). In total in a course
Researches 1008 respondents have been interrogated. Distribution of the interrogated
As settlement, to regions and a floor there corresponds to data of census the State clod -
stata for 2011. The basic conclusion of such research is: on the first
Place in understanding of stability the understanding of absence of war acts in
To the country – 39,1 % and all over the world (27,4 %) from the general number interrogated. With otsut -
stviem wars in the country (21 %) and in the world (28 %) also it is connected in perception respon -
dentov "happiness". Researchers had been drew a conclusion that happiness not the expert -
sotsiiruetsja with a material prosperity, and it is connected with health own and
Members of a family, and also with absence of wars.
As a whole world questions (absence of war as a whole and conflicts in it is frequent -
nosti) excite the population of Tajikistan more, than economy questions.
For the purpose of check of a hypothesis that stability is closely connected with chuv -
stvom confidence of tomorrow »population associations have been found out
Tajikistan with the term "confidence". Results have shown, that this rubbed -
Mines at interrogated directly it is interconnected with well-being in the country (56 %),
Rather than with own employment (10 %).
Taking into account the spent sociological interrogation it is possible to make to a trace -
jushchie conclusions about understanding of the population of Tajikistan of the term "stability"
1. Stability – is one of the basic values Tadjik
The people, as well as Russian.
157 That threatens safety of Tajikistan?//MediaGroup / Tadjikistan «ASIA-Plus»
[Site]. - URL: http://www.news.tj/ru/poll/chto-ugrozhaet-bezopasnosti-tadzhikistana (date obra -
shchenija 11.05.2015).
83
2. The term "stability" in consciousness of people, certainly, bears put -
telnuju the characteristic to the phenomena. It proves to be true and in the Message Prezi -
denta Tajikistan Emomali Rahmona Madzhlisi of Republic Oli Tadjiks -
Camp on January, 23rd, 2015, in which stability of the state and society of races -
smatrivaetsja as expectation Tadjik народа158.
3. Special value is given to this term in the expectations concerning
Internal situation in Tajikistan.
4. In consciousness of Tadjiks the term "stability" has become stronger as a stereotype -
naja the association with terms "world", the "happiness", denying value of those is
vany which cause a state of war and absence of feeling bezopas -
nosti. One of such bases are a clannishness and caused it
Regionalism.
5. Understanding of the term «stability the population of Tajikistan not about -
tivorechit to understanding the population of Russia.
Definition of the maintenance of a category "stability" semantic me -
todom. Use of a semantic method of research in an infusion - context
Work Russian cabbage soup it is caused by that language is one of obvious displays
Mentality of a society. The interrelation of language with mentality does not cause serez -
nyh doubts at the majority of researchers which considered in the
Time the given problem from the points of view of a number наук159. The classic of the domestic
kitaevedenija V.M.Alekseev concerning studying of the Chinese language wrote:
«To study language without culture studying it is impossible. Here there is a complete
Parity: study language to study culture for it is clear only
Known language; study culture to study language for it is
158ПосланииПрезидента Tajikistan Emomali Rahmona Madzhlisi of Republic Oli
Tajikistan on January, 23rd, 2015//the President Republics Tajikistan [site].
URL:http://www.president.tj/ru/node/8137 (date of the reference 11.05.2015).
159Полежаев, D.V.idea of mentality in Russian philosophy of "Golden Age". – Volgograd:
Publishing house VolGu, 2003. – With. 1701.
84
Its reflexion »160. This statement can be carried to studying of any jazy -
ka.
At carrying out of researches about understanding of the term "stability" nase -
leniem Russia simultaneously with L.A.Pautova's sociological methods to the tonic -
njala a semantic method. As a result it had been drew conclusions that in
Semantic field of a word "stability" are shown most often asso -
tsiatsii with a constancy, balance, rest, an invariance it is firm -
stju, повторяемостью161. The disturbing emotional dominant also was
It is fixed during research. But it reflects fear of loss stably -
sti and rest »162. As a result provednnyh L.A.Pautova's researches has made
Conclusion, that «Russians interpret a word"stability"differently,
It causes in them different feelings, generates different images. However it on -
njatie has got for ordinary citizens strongly pronounced social sounding -
nie »163.
«It is important to notice, that foreign by origin a word« stabil -
nost »earlier it was used mainly, if not exclusively, in
To the scientific literature, and approximately about 70th of XX century it began to be applied to ekonomi -
cheskim and to foreign policy plots. During a daily life a word «hundred -
bilnost », probably, it is artificial has moved from political language
Thanks to active rhetoric of mass-media (in 70-90th). All these circumstances to a moustache -
gubljajut razmytost daily understanding of stability. After all in obyden -
nom consciousness the scientific schemes acquired at school and the imparted mass-media politiche -
skie images mix up with every day problems. Simple people govo -
rjat about that most of all excites them and disturbs: about the prices, an order in the country,
160 Alexeys, V.M.Kitajskaja the literature: izbr. tr. – M: the Science, 1978. – With. 528.
161Паутова, L.A.stabilisation consciousness: experience of sociological research. – With.
156.
162 Pautova, L.A.package approach to research of social representation about
Stability. – with. 32 – 65.
163 In the same place.
85
To family, health »164.
The term "stability" in doktrinalnoj to the legal literature more often
In total it is used along with the term "stability".
S.S.Alexey writes, that the right has arisen as public force,
Guaranteeing stability and stability public связей165. It,
Opening the basic requirements of legality shown in the conditions of a demo -
kraticheskih political modes, names both stability, and stability
The law and order, and an overall performance of all mechanism legal regulirova -
ния166.
The term "stability" is used in the legal literature together
With the term "stability" with reference to right principles. «Principles –
It some kind of the basic points showing a vector legal reguliro -
vanija. They are more fundamental and obobshchnnymi rules on -
Conducting, rather than legal rules; possess considerable stability and
Stability, being fixed mainly in constitutions or the major
Laws »167.
So-called Rahmanina writes: «the Social concept of the right, considering sushch -
nost the rights, represents it as means of achievement of social harmony.
It is directed on search of the legal means, helping to eliminate the possible
Social conflicts to provide an order in a society, stability and ustojchi -
vost the most public system... »168.
164 Pautova, L.A.Stabilnost-2007: situation estimations in Russia//Social real -
nost. Magazine of sociological supervision and messages. – 2007. – № 9. URL:
http://socreal.fom.ru/? link=ARTICLE&aid=468.
165 Alexeys, S.S.theor. – with. 62.; it. Sobr. soch.: in 10 t. T. 6: the Ascension to
To the right. – with. 49, 121, 219; Theory of state and law: the textbook for high schools / under the editorship of the prof. of Century of M.
Korelsky and prof. V.D.Perevalova. – With. 57.
166 Alexeys, S.S.theor. – with. 270.
167Матузов, N.I., Malko, A.V.theor: the textbook. – M: JUrist, 2002.
– WITH. 165.
168Дмитриев, JU.A., Kazmin, I.F., Lazarev V.V., etc. the General theory of law: the textbook for
Colleges of law / under obshch. red. A.S.Pigolkina. – 2 izd., ispr. And dop. – M: MGTU Publishing house
It. AD Bauman, 1996. – С.92 – 93.
86
For definition of a parity of Russian-speaking terms "stability" and
"Stability" it is expedient to address to works in the field of linguistics.
In an explanatory dictionary of Russian of D.N.Ushakov "stability" vystu -
paet a synonym of terms "durability", "stability", "postojannost" 169.
In the dictionary of synonyms of Russian stability is considered as
Constancy, invariance, stability, konstantnost, durability, postojan -
nost. Stable – strong, proof, zakreplnnyj, fixed, statsi -
onarnyj, tvrdyj, steady; constant, invariable, constant; vyso -
костабильный170.
In an explanatory dictionary of Russian of S.I.Ozhegova and N.J.Shvedovoj of hundred -
bilnyj is is strong, steady, постоянный171.
In the new dictionary of Russian of T.F.Efremovoj the term "stable"
It is defined through terms "steady", "constant", "invariable" 172.
In the dictionary of foreign words stable [an armour. stabilis] it is defined through
Terms: steady, constant, affirmed on opredelnnom level, not
меняющийся173.
In an explanatory dictionary of Russian of D.N.Ushakov a word "stability"
Defines as steady положение174.
In the dictionary of synonyms of Russian stability of the phenomenon rassmatriva -
169Толковый Russian dictionary: in 4 t. / under the editorship of D.N.Ushakov. – M: gos. In «Owls.
entsikl. »; OGIZ; gos. Publishing house inostr. And nats. Words, 1935–1940//Russian for schoolboys,
Entrants, students [site]. URL: http://www.classes.ru/all-russian/russian-dictionary -
Ushakov-term-72324.htm (Date of the reference 01.06.2012).
170 Dictionary of Russian synonyms//Russian for schoolboys, entrants, studen -
tov [site]. URL: http://www.classes. ru/all-russian/russian-dictionary-synonyms-term-82684.htm
(dataobrashchenija 01.06.2012)
171 Ozhegov, S.I., SHvedova, N.JU.explanatory dictionar of Russian (online the version)//
Russian for schoolboys, entrants, students [site]. URL:
http://www.classes.ru/all-russian/russian-dictionary-Ozhegov-term-17951.htm (reference date
01.06.2012).
172 Efremova, T.F.new Russian dictionary. Sensible-word-formation (it -
lajn the version)//Russian for schoolboys, entrants, students [site]. URL:
http://www.classes.ru/all-russian/russian-dictionary-Efremova-term-104340.htm (reference date
01.06.2012).
173 Dictionary of foreign words. URL: http://slov.h1.ru/index.html
174Толковый Russian dictionary: in 4 t.
87
etsja as a constancy, an invariance, stability, konstantnost, durability
175.
Having analysed value of the term "stable", it is possible to make sle -
Blowing conclusions:
– Terms "stability" and "stability" are synonyms in
Russian, and, hence, their use simultaneously is not -
The justified;
– The exception is constituted by cases of the use of these terms as sinoni -
Speeches. For example, to comments to the Constitution of the Russian Federation of JU.A.Yudin writes: «Konsti -
tutsija as the organic law – the certificate of long-term action, legal the -
stvom which stability, that is stability of its maintenance »176 is.
The parity of terms "stability" and "invariance" represents
The important element of definition of the maintenance of a category of stability.
In an explanatory dictionary of Russian of D.N.Ushakov the invariance explains -
sja as «not exposed to changes","usual for somebody","postojan -
stvo "," always identical »177.
In the dictionary of synonyms of Russian the invariance is treated as «on -
stojannost "and" always identical »178.
In S.I.Ozhegova, N.J.Shvedovoj's dictionary "invariance" – not podverga -
jushchijsja to changes "," usual for somebody "," a constancy »179.
In the dictionary of Russian of T.F.Efremovoj the term "invariance" opre -
deljaetsja through «usual for somebody», "constancy" 180.
Thus, on the basis of the analysis of the maintenance of terms "stability"
And "invariance" it is possible to draw following conclusions:
175 Dictionary of Russian synonyms.
176 Constitution of the Russian Federation. The comment / under obshch. red. B.N.topornina,
JU.M.Baturin, R.G.Orehova. – M: JUrid. Lighted., 1994. – with. 572.
177Толковый Russian dictionary: in 4 t.
178 Dictionary of Russian synonyms.
179 Ozhegov, S.I., SHvedova, N.JU.decree. soch.
180 Efremova, T.F.decree. soch.
88
1) the term "invariable" in some sources is used as si -
nonim to the term "stability" (that is "invariance" can be stabil -
Ache;
2) the term "stability" is not used in the same sources as si -
nonim "invariances" (stability is not an invariance);
3) the term "postojannost" in all cases is considered as a synonym
Terms "stability" and "invariance" (stability and neizmen -
nost are constant).
Speaking about stability of the legal phenomena, legal scientists, as a rule,
Notice, that stability of the right is accompanied by its dynamism. Obviously,
That dynamism is a property opposite to stability. Dynamism before -
stavljaet itself the movement accompanying stability. «Stability
Structure at all does not mean, that it does not arise as result of formation,
That it exists eternally. On the contrary, actually any structure is
Dynamics product, razvrtyvajushchejsja in e ѐ internal and external vzaimodej -
stvijah »181.
A.I.Kosarev, considering laws of development of the state and pra -
va, marks: «the State and the right develop in realities material and
The spiritual. As display spiritual in them is presented the human beginning,
Which rather independently develops in force is immanent
Dynamism, but in communication and under strong pressure of the surrounding material
The world »182.
L.A.Pautova, describing stability of social systems, has established,
That to a static and dynamic condition of social system sootvet -
stvujut concepts "order" and "progress". Both these directions of research
Are spent in unity and interrelation. Stability of a society – a subject
181 Kachanov, JU.L., Markova, JU.V.autonom and structures of a sociological discourse. –
M: the University book, 2010. – С.192 – 193.
182 Kosarev, A.I. About laws of development in state and right history//State blow -
stvo and the right. – 2007. – № 4. – with. 10-17.
89
Studying, more likely, statics, than dynamics as she is engaged
The analysis of interactions between various parts, their solidarity and gar -
monii. Social dynamics carries, more likely, historico-philosophical, rather than
Sociological характер183.
Arguing on destiny of Russia, V.M.Korelsky characterises wished from -
Carrying in Russia stability, dynamism and continuity. «In a support on
Own forces, rich possibilities, historical, welfare and
National traditions, the talented people it can and should tvrdo rise on
The way of transformations combining the necessary tested by world experience
Stability, continuity and dynamism »184.
Characterising English-Saxon legal systems, S.S.Alexey writes
About a harmonious combination in them of stability and dynamism: «These systems of an eye -
zalis rather dynamical: keeping stability and firmness traditsion -
nyh, sometimes the archaic beginnings of legal regulation, they at the same time mo -
gut to adapt to new technical and economic and welfare
To conditions »185.
As to Russia, precedents in activity Constitutional
Vessels of the Russian Federation, inherently, are a necessary regulator in conditions, when
Radical reforms so, radically varies are spent zako -
nodatelstvo, and at the same time they provide stability of the right. That is
mym by means of practice of the Constitutional Court the right simultaneously you -
polnjaet as stabilisation function (conservative function), and function
Development (dynamics). Practice has shown, that, creating significant precedents in
The most painful points of spent reforms, to the Constitutional Court of the Russian Federation uda -
tsja to keep stability in a society and not to interfere with innovations.
183Паутова, L.A.daily representation about stability: the monography. – Omsk:
Heritage. Dialogue-sibir, 2004.
184 Theory of state and law: the textbook for high schools / under the editorship of prof. V.M.Korelskogo and
Prof. V.D.Perevalova. – 2 izd., amendment and dop. – With. 221.
185 Alexeys, S.S.theor. – С.286 – 287; it. Collected works: in 10 t. T. 6.
– WITH. 190.
90
Most convincingly it is shown in legal positions Konstitutsionno -
go the Vessels, concerning questions social защиты186.
In all aforementioned statements about dynamics of the right it is quoted -
nye authors mean its development under the influence of evolving about -
shchestvennyh relations. «As really operating system of regulation
It is right rather sensitively to changing social conditions, spiritually -
To cultural system of a society. About «the pure right», as G.Kelzen understood it (i.e.
About nepodvlastnosti the rights to social conditions – to the politician, economy, culture),
It is possible to speak only conditionally. Changing public conditions an objective -
But make change to the right maintenance. Dynamism of the right, thus, for -
It is given by character and the maintenance of public relations, activity and pove -
denija people »187.
In wider aspect dynamism is considered by V.A.Maltsev, harak -
terizuja the legal system as standard-dejatelnostnuju system. He marks
Dynamism not only as right development, but also as feature funktsionirova -
nija legal systems. «Processes standard opredmechivanija and standard
raspredmechivanija open internal dynamism of the right as the live whole
The organism functioning as active social activity »188.
With property of dynamism of V.V. Sorokin allocates legal system.
«Dynamism, instead of an immovability, provide stability
Legal system. To opredelnnyh threshold limits dynamics of the rights about -
Howl systems promotes e ѐ to forward development. Stability pr and -
vovoj systems are meant by a constancy of all e ѐ sistemoobrazujushchih factors:
186 Zorkin, V.D.Pretsedentnyj character of decisions of the Constitutional Court Russian
Federations//Magazine of the Russian right. – 2004. – № 12.//information-analytical
Agency "ИНТЕГРУМ". URL: http://www.aclient. integrum.ru (date of the reference 16.03.2012).
187 CHervonjuk, Century I, Kalinsky, I.V., Ivanets, G.I.Elementarnye of the beginning of the general theory
The rights: studies. The grant for high schools / under obshch. red. Dr.s jurid. Sciences, prof. V.I.Chervonjuka. – M: To -
loss, 2003. URL: http://slovari.yandex.ru (date of the reference 16.07.2012).
188 Maltsev, V.A.Pravo as standard-dejatelnostnaja system//Magazine of the Russian
The rights. – 2001. – № 4//information-analytical agency "ИНТЕГРУМ". URL:
http://www.aclient.integrum.ru (date of the reference 16.07.2012).
91
The purposes, main principles of functioning, normativnosti, the procountries -
Stvenno-time identity, internal and external system communications.
The deviation of legal system from the listed parametres is possible obja with -
Thread stability loss. In it the threshold of dynamic development consists
Stable legal system behind which the system loses the kach e -
stvennuju opredelnnost, the radical maintenance, the typological nature,
Orientation (the general orientation) »189.
On the basis of the analysis doktrinalnyh sources it is possible to make the following
Conclusions:
1) dynamism is considered as objectively existing phenomenon, with -
provozhdajushchee stability;
2) in legal doktrinalnoj to the literature dynamism is considered in
Two aspects: as development of the right and as internal process in the legal system and
To legal system. Internal dynamism (interaction between elements
Systems) can be expressed or in e ѐ to an invariance or in development;
3) dynamics in the legal system is a source of its progress.
Russian is an integral part of culture of Tadjiks. Still in
80th of XIX century for illiteracy liquidation have been organised Russian -
Native школы190 in which Russian was studied. In the USSR, in which That -
dzhikistan Russian has entered as autonomous republic, in sootvet -
stvii from item 34 by the Constitution of the USSR 1924 191 has been declared in quality obshche -
Common in union republics along with the Ukrainian language, Belarus,
Georgian, Armenian, tjurko-Tatar (the Tadjik language in this list
Was not). In modern Tajikistan Russian according to item 2
189 Sorokin, V.V. Kontseptsija of evolutionary development of legal system in transition -
nyj the period: avtoref. dis. … Dr.s jurid. Sciences: 12.00.01. – Ekaterinburg, 2003. – With. 14 – 15.
190Таджикская the Soviet Socialist Republic//Historical entsiklope -
dija. - M: Publishing house «Soviet encyclopaedia», 1973-1982. [The Electronic resource]. –
URL: http://dic.academic.ru/contents.nsf/sie/(date of the reference 11.05.2015).
191 Constitution (organic law) of the Union of the Soviet Socialist republics
1024 – M: the Central Executive committee of the Union Soviet Socialist
Republics, 1924. – 20 with.
92
The operating Constitution of Republic Tadzhikistan192 is language between -
National dialogue. Besides, working out of projects standard the right -
vyh certificates, their official publication is led on Tadjik and Russian
языках193. These facts give the basis to a working hypothesis, that the use rubbed -
Mine "stability" it is similar to the use by its Russians. This hypothesis
Requires check outside the limits of the given work, as understanding stabil -
nosti Tadjiks at not realised level it - can differ from understanding
go words Russian. Nevertheless, the term "stability" is used in that -
dzhikskoj to the doctrine also as well as in Russian, including together with the term
"Stability" 194, and also in value "invariance" 195 and «dynamic on -
sledovatelnost »196. It gives the bases, to assume, that similarity in
Understanding of this term the Russian and Tadjik society.
192 Constitution of Republic Tajikistan from November, 6th, 1994 (in red. From 22.06.2003)
[An electronic resource].//the President Republics Tajikistan [site]. URL:
http://www.president.tj/ru/taxonomy/term/5/112.
193 On standard legal acts: the law of Republic Tajikistan from March, 26th 2009
№ 506 (in red. From 28.06.11г. №730) [the Electronic resource].//the National centre zakonoda -
telstva at the President Republics Tajikistan [site]. URL:
http://www.mmk.tj/ru/legislation/legislation-base/2009/.
194 Razzokov B. H See, for example. Development of organisation-legal forms upravle -
nija on the threshold of independence of Tajikistan//the Bulletin Tadjik national uni -
versiteta. A series of the Humanities (Ч.1). Dushanbe: Sino, 2010. № 4 (60). [Electronic
Resource]. – URL:http://www.tnu.tj/archivVestnik/(date of the reference 11.05.2015).
195См., For example, Halifaev M. N. Formation of the state anticorruption
Politicians in Republic Tajikistan//the Bulletin of the Tadjik national university. –
Dushanbe: Sino, 2009. № 2 (50); Sajdaliev U.Ot «great chess game» to maintenance of the regional
Safety in the Central Asia//the Bulletin of the Tadjik national university. – Dushan -
be: Sino, 2009. № 3 (51). [The Electronic resource]. – URLhttp://www.tnu.tj/archivVestnik / (date
References 11.05.2015).
196Якубова S.N.some legal questions of modification of the Constitution
Republics Tajikistan//the Legal life. 2013. №2. [An electronic resource]. – URL:
http://tnu.tj/Hayoti%20huquqi/PZh_2_2013.pdf; Horkashov I.S.theoretical of a problem obes -
Baking of economic safety of development of the human capital//the Bulletin the Tadjik -
skogo national university. – Dushanbe: Sino, 2009. № 5 (53). [The Electronic resource].
– URLhttp://www.tnu.tj/archivVestnik / (date of the reference 11.05.2015).
93
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